SUPREME COURT— WESTLAND

West Coast Times, Issue 112, 26 January 1866, Page 2

SUPREME COU RT — WESTLAND

DISTRICT. CRIMINAL SITTINGS. (Before His Honor Mr Justice Gfresson ) TinjnsnAY, Ja>\ 25, 186G, His Honor took his seat at ten o'clock, and after a jury hart been empannellcd, said that the jurors not sworn might ho excused till Monday next. CHARGE OP MURDER. Greorge Stewart was placed in the dock, and arraigned that "he, on tho 2nd of January, in thcyear of our Lord 18G5, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, did feloniously, -wilfully and of malice aforethought kill and murder one Patience .Stewart, against the poace of our Lady the Queen, her crown und dignity." Mr South appeared for the prisoner. Shortly after the trial commenced, he asked his Honor to allow Stewart a chair, as he was suffering from a bad foot, and the trial -was likely to be long. His Honor allowed prisoner to be seatod, and a chair was placed for him in the dock. Tho following arc the names of the jury, eeveral challenges having been made both by tho prisoner and the Crown : — Messrs J. L. Cohen (foreman), J. Deane, J. Hewitt, J. Whiting, J. Stephens, J. "R. Spicor, J. Dixon, A. Curvviek, J. Lenlon, J. Gray, G-. Morgan, and J. Pizzey. The Crown Prosecutor then opened the case as follows : — May it pleaso your .Honor and gentlemen of the jury. Tho crime for which the prisoner is indicted, is one of the highest crimes in the criminal code — that of murder, the murder of a female named Patience Stewart, and the prisoner's wife. Murder is the killing any person under tho King's peace with malice, prepense or a lore tho ught, cither expressed or implied by law. Malice might he called expressed or implied by law. Express malice is when one person kills another with a sedate and deliberate mind and formed design, such formed design being induced by external circumstances discovering the inward intention. Implied malice was shown by any deliberate and cruel act by one person against ano'her, however sudden it might bo. The evidence that I shall bring before you to-day will show thit the deceased, Patience Stewart, had lived several months in Ilokitika as prisoner's wife, and as would be shown by the testimony of several neighbors, they lived unhappily, and that the conduct of tlio prisoner lias l.ceu on various occasions most cruel to her. I also will prove by various statements made by deceased shortly before her death His Honor did not see how these could be applied ; and the Ciown Prosecutor said if such was His Honor's opinion he would not further refer to them. The Ciown Prosecutor continued — I will not bring the .statements of deceased before you, gentlemen ; but I will bring direct evidence to show that Patience Stewart rose on the morning of her death between ti and 7 o'clock, and that at the latter hour she was on the beach at Holcilikii. Before that &he had been to a publichouse kept by a person named Median, and there obtained a small quantity of brandy —a very small quantity. After that she was again seen carrying firewood or driftwood for some time, ami sat down on a log, apparently in great distress. Her movements were such as to call the attention of the neighbors — putting her hands to her face as though she was crying and viping away her tears. Prisoner went to Meehan's house and enquired for his wife, and he was told where she was. lie then went in the direction wheic she was last seen on the beauh, and it would be also proved that he was seen returning from the beach who c his wife had been sitting, and coming towards the town. That was an important point for the jury to remember, for he had stated that he was not on the beach that morning at all, and he made that statement, not only to the constable who arrested him, but to several others, thereby showing that he had s.ome desire and motive in endeavoring to prove that he had not been there ; more than that, there was, which was seldom the ease, direct evidence against the prisoner." A witness named Jones, would prove, that on the morning in question she got up about nine o'clock, and had occasion to go outside her house to drive some horses away from it. She then observed Patience Stewart sitting on a log, her face to the so.i, and her back to the beach, and at the same time the saw prisoner come out. He walked towasils his wife, and on his way stooped and picked up a large piece of wood. •He then walked quickly up to his wife, raised the piece of wood, and struck her heavily with it, somewhere about the left side of her hwid. It would also be proved that when deceased was found there was a wound over the left eye, and a large bruise, such .is would be caused by such a blow, and such an instrument as that described by Jones. The medical evidence too will also prove that the woman must either have been dead or insensible before falling into the water, and under these circumstances it will be for you to bay it' you have any doubt as tD the guilt of prisoner. The first witness called was James Atkinson, who deposed as (follows : — I am a, milkman, residing at the Two-Mile Creek. On the 2nd of this present month, Januaiy, I was going home from Ilokitika, up the north spit alon^ the beach. When going along I observed a dead body lying on the beach, about a qnarter of a mile past the wreck of the Montezuma. It. was the body of a female, and was lying on the right side, the heac l a little to the smth. I could not see the face as the jacket of the deceased was over her face and head apparently washed over by Ihe sea. The feet were to ihe north, one of them partially buried in sand and the back a little turned to the sea. At this time the tide was going out. Tho body was nearly at high- water mark, but some big waves had gone beyond it. The body appeared as though it had been washed there by the sea. I at once on discovering the corpse jnine back to the police camp, and gave information aud returned to the spot in company with some constables. The body was in the same position as when I firat found it. The constable pulled the jacket off the face and I then saw a bruise over the left eyebrow. The skin there was al.-o broken, and there were traces of blood on the pye, The blood .seemed rather fresh. The police gut a dray, put the body on it, and took it to tho camp. The tide w«-.s ebbing then. Cioss-exainined by Mr South — I looked particularly at the mat k, ,and it looked as if it had been occasioned by a knock. The skin was broken in one place, but the wound was nob very large. It could not have been caused by a very slight knock ; I should not like to have the same knock anyway. I could not tell exactly how large the wound was ; where the skin was broken the mark was about as large as a threepenny piece. It might have bceujargejyjnifc could not say. The bruise and discoldmloi] i '-'ivaa all round the eye, but I,cpuld'--»Joi!&ly/i6w large that was. I did no£todk l j6 Is'ee;i£1 s'ee;i£ £he>e' were any scratches on ||tlie s boiio!?sh i & skiirwas broken above where the chujfc< discoloration was most visible. >' %% J '* , By His Honor— The "blood I spoke of seemed to have been flowing from tli9 wound on the temple, and the^. jacket had covered the place. It had not stuck to it. There was not a great deai of blo/iil, but what there was was soft and fresl^, The blood was not stiff, neither was it warm ; it was just between the two. I observed no other bruises on the. face, It was between 11 and 12 o'clock when Ifound the body. v White said — I know the last witnees, ajvjftjiiw him on the morning of the 2nd inst. Inconsequence of information he gave me, 1 piwjeeded to a plaoe on the beach about four Kttocfred yards north of the Montezuma. It jiW; 1 about 12 o'clpok when I arrived at the pISQPf Atkinson liai galled a,t tfio Qawp about MK'paat plovon. I fannd tito body ' o f a female tetoa w thfl Mi alum h|gh*wat»r wwk, but [jftort tow? torn w wifttt)ifttitai9 h ■

The tide was -ebbing at the time. The body was l\ing on i's right side, the feet tn the north and the head to tliu soul), uith its lue'e to the sea. The clothes on the body were all drawn backwards towards ihe sea, and firmly compressed again.>t the body, as though by (he weight and pressure of water. The folds of the clothes were filled with, Kind. A cloth cape that had been on the shoulders was thrown over the head, as if by the water. The hair of the head was loose, and had also been drawn back and filled with sand, The right leg was partly embedded in the sand ; the left le o r thrown over the right. The deceased had on elastic-side boots. Altogether, from (he position and appearance of the body, it was quite clear that it had been thrown up by the tide. The boaeh was shelving, and there w.is a very slight slope there. The bndy was lying on this slope. There was no riil^e nefir where the body was. I pulled the cape from the face of deceased, and saw a large wound immediately over the left eye. jnsfc such a wound as would be inflicted by a largo blunt instrument, such as a stick. There Avas an open wound, and blood had flowed from it, though it was not oozing then. There was also a smuller wound on the 1 ft side of the eye, and round both the flesh was discolored and black. Tho eyes were closed, and in the lpft eye I observed soiuo hair that had apparently got in before the eye had closed, and I pulled it out. The mouth was firmly closed, and there was no froth about cither the mouth or nose, neither did any water come from the mouth. From tho appearance the body then presented I suspected foul play. I moved the body on to a dray, and was talcing it to the Camp when, about half a-mile from where tho body was found, I mot a. man named John Median, who looked at the body and recognised it as that of Mrs Stewart, that lie had known. From information I received, I proceeded in the direction of prisoner's house, another constablo taking chavge of the dray with the body. I -Inrd-aipt proceeded fur when I observed a man lmrryin^along, partly running, in fuel, towards^ me. ' When he came up to me he asked it" his wife had been found ; I asked him his name, and he replied that it was Stewart. I said I believed she was found, and that from information I had received I would arrest him on suspicion of having killed her. I cautioned him not to say anything to criminate himself, and ho said he would not. In bringing him alon» to the camp, ho informed mo that he had last seen his wife about, nine o'clock that morning, when she was clown on the beach gathering wood ; that he observed her making two trips for wood, and that on her going down a third time he saw her sitting down on a stump, and that that was the last time he saw her alive. He further said that he had not been out on the beach that morning. lie also remarked that they had been on bad terms, and that tho only words lhat had passed between ' them that day weiv, that she made a remark when breakfast was ready, " Sto'wart, your breakfast is ready," and rhat"sho then went out. Ho told me that about a fortnight previously she had made a remark that she would go and live with another man, and leave him altogether. He replied that it was a shame for a woman of her age to have such notions in her head. Ho said that he had been compelled on the previous night to call in a constable to her as she had been drunk. Tho reason he called in the constable was to give her into custody, but that tho constable would not interfere. He stated that on the morning of her death deceased was perfectly sober, and that on that morning he did not believe she had tasted spirituous liquors. At that time he thought she was going to pursue a new life. He had previously told me that she had been a great drunkard. When I put the body on the dray it was cold but not stiff, and appeared to have been only a few hours dead. One of the arms (the right) was under the body, tho other lying across tlio breast. The left hand was partly under the right side. The prisoner was quite sober that morning. By Mr South — The wound itself over the left eye was about the size of a sixpence, but the surrounding parts were bruised and discolored. On tho side of the left eye there was a bruise where the skin had been broken. There were no other mai'ks on the face that I observed. The expression of tho countenance was placid and perfectly narural. The face was pale, excepting where the bruises were, the eyes firmly closed, and the lips were compressed tightly together. I know the ground between where -tho body was found and where deceased was last seen sitting. I went down with prisoner to a place nearly opposite to where he lived after arresting him. It was on the same day, between two and three o'clock. He pointed out the logs to mii upon which he said he saw her sitting, saying that was the last place he saw her. It was when I was bringing him to the camp that he pointed out the log to me. He did so voluntarily. It wa? before this ho told me he had not seen her since she was silting on the stump. I observed the nature of tho ground on which the log was lying. There- are a great number of large roots and logs lying about above high water mark. A body immersed in the water could not by the action of the waves have been dashed against these logs. There was ono large log lying between high and low water mark, but it was considerably above 150 yards to the north of where the deceased was described by tho prisoner as having been sitting. I did not observe any other log about then below high water mark. The part of the beaoh where she was sitting on the log had a sharp desent to the sea, on the brow of which the log was lying, some three or four -yards from the edge. This ridge extends northwards a considerable distance. A strong current runs to the northward at all times. I havo observed this current hurrying a large stump along, and a body swept along by this current meeting a hard substance would strike it severely. The body of a female would certainly do bo. There was one large log lying between the body and the sea, sixtcon yards from the latter. It was at nino o'clock in the morning that the prisoner said ho saw his wifo sitting on tlio log. Th prisoner was rather communicative whilst in my charge. He complained much of the unhappincsa he endured through his wife's intemperate habits. "When I fii-3t saw him that morning ho was hurrying towards tho place where the body was found. Ho seemed eager to ascertain whether the body found was that of his wife. I, believe his first words tome were, " Is, thHt^iy wife that is found ?" There were. sg|e^l-ilp^sa lvinjr on tho beach to thr» .soujjh of^-h'ej^vthe body was found, strewed tb,eilug'Ji rioge. A parly sitting on 'jthoso logs .coiilcisee the body. I did not see snacli'biooa on the face of the deceased. •P -By The Crown — In using tho word stump I 'consider it applicable to a log as well. The log on which deceased was sitting was half one, half the other, having all the roots attached to a portion of the butt. This wai lying on tho beach between the prisoner's house and the beach. Mr. South here asked permission to put a question through his Honor, which, he had forgotten to do— whether that part of the beach was shingly and covered with hrcr n stones. Witness replied it was shingly, but there were no stones of any size amongst it. By the Judge — Tho first words the prisoner said to me wore, "Is that my wife you have found 1" I answered I believed it was. He did not ask to soe the body, or asked me how I knew it was his wife. f lho dray containing tho body was about four hundred yards be° Hind 11$, I told him ho would have to no* company mo to tho onmp. % made no ftwww, bud gppnwl te fata (t' an a mtttev of eflurao. % sW» of ttawnA

thing iv her hands. On exnming her mouth I pneeived the, tongue looked a little blue on the upper surface. I did not observe whether it was compressed ngainst the tci'th. As far as I can recollect, it wns in its natural position. The features also were placid and natural looking. Ihe left side of the face was discoloured, especially nbove the left oye, nnd from its appearance showed a blow had been inflicted by , Korao blunt instrument. Blood had escaped from the wound, but wns not then (lowing. John Median, being swoin, deposed .• I am a publican, redding in Revell-streot, and know the prisoner. He resides next doir U me, on the north side. I remember the 2nd of this month, Tho prisoner wns n mairied man. His wife lived with him. I saw her nhout seven o'clock that morning at my back door. I gave her a nobbier of biandyina tea chp, about a wine gla^s full, and she then left. She nppenrcd quite sober. I did not see her again until the body was brought up on the dr.iy. I saw the prisoner that day about twelve o'clock passing my own door, towauls his house. I asked him did he see his missus. Ho taid no. Ho said he did not care if he never saw her. Ho then turned towards his house. A minute or two after he passed on again towards the south. I left off whnt I was doing, and went towards the beach in consequence of having heard that a body had been discovered. I went pretty fast and saw a dray coming in, nnd. a crowd of people with it. There was a body in tho dray, which I recognised as that of Mrs Stewart, the wife of the prisoner. I went back home, nnd saw Stewart in company with a policeman, but no conversation passed.' Prisoner and his wife lived very unhappily. I believe the prisoner has told me that he could not keep her from drink. I have heard woids pas-s between them a few days before Christmas. I heard them quarrelling, but I cannot say whnt they .'aid. Cross- examined by Mr South — I fhst saw tho prisoner about 12 o'clock, and I did not sco him previously on that day. He was coming up from Ihe ronth of Revell street, passing the Camp towards the Grey. lie wns alone at that time, and I did uot see hip: with any ono that I know of about that time. I asked him about bis wife, from having heard that she was missing. He then said that ho had not seen her, and thnt ho did not care if he never wiw her. I did not lake him to mean that he had done any harm to her, but I nnders ood it to be such a remark as any one might make ulio Jived unhappily with his wife. When ho heard the angry words lip did not pay much attention, and could uot say who w.is talking. I «iw deceased on the evening of the Ist of January, and on that day she handed me a slip of a newspaper. I took it in my hand Mr South was pioceeding lo examine the witness as to what finther look place in connection with this piece of, paper, but the Crown Prosecutor objected to the contents being leferred to, as not being evidence. Mr South argued, lha the was entitled to put that in, in order io show the condition of mind that deceased wad in on the night before lur death. His Honor admitted that any evidence as to tho state of the mind of deceased was most important, but ho could not see how Mr South could show that in this ca.so the contents of that document weie not hearsay. He did not, however, sco any objection to Mr South asking the witness fcr what purpose she put the paper in iv's hand. A long argument ensued on this point, nnd the original piece of paper was produced. The witness, however, on being asked, said that he had not read the contents of (he paper, ns he was not a good reader. The paper was, howcuer, put into Ihe witness's hand, and the crossexamination continued— l think tho paper is the same that deceased gave me, for I did not read it, but another man did rend it at the time. I did not read a single word of it. The name of the man who read it out was Thomns O'Toole, but deceased was not present. His Honor, in reply to Mr Soulli, said h« could not receive any evidence of the contents, for the document was not proved. Cross-examination continued — I had a conversation with deceased tho night preceding her death, when fhe lmndcJ mc a slip of newspaper. Bridget Meehan, wife of last witness, said' — I know the prisoner, and knew his wife, Patience Stewart. They lived next door to v.<. I remember the day when she was found dead. I saw her alive in the morning of that day, between eight nnd nine o'clock j but I saw her before that between seven and eight o'coek. When I fii&t saw her, I was going cut of my own door, and she was coming up from the beach with n log of wood on her shoulder. She threw the log down on a heap of wood that was nt her door, and wished me good morning, She then went back to the bench. Whilst I was at the fire-place, outside my own door, I sawdeceased sloop down, as though about to pick up a piece of wood, and I then saw the prisoner at the door of a neighbour named M'Donnell. Mrs. M'Donnoll lived on ono side of tho prisoner and I on tho other. Prisonor was conversing with Mrs. M'Donnell, and witness watched him no longer, but went in. I could not tell the exact limo becnuso I hud no clock in tho house. After I went in prisoner enmo to our house and asked if his wifo wns there. I said she was not. Ho said no moro, and ■went awny in tho direction of tho beach with his two hands in his jiockets. Ho went down towards where I had scon Mrs. Stewart before, but I did not sco her nt thai; lime. I stnv Stewart go to a plnco within ten or twelve yards of where 1 hail seen his wifo on (he bench, but T cannot toll how far that would bo distant from high water mark. Tho ylnco was opposito the prisoner's house, and decensed wns then between her own house and tho sea. I did not sco Mrs. Slownrt after 1 s*aw her stoop to pick up v piece of wood between her own house and tho sen. Stewart, after going down to tho beach, passed ourhouse, but this was a good bit afterwards. Ho then passed our door, went between the two houses, and. then went into his own houso. I heard him talking to my husband, but did not hear what ho said. J saw Mrs. Stewart tho day before that. I heard them ninny times quarrelling. About Christmas timo I Baw Mrs. Stewart standing out alongside Iho wood Jfcby Iho side of their house, when prisoner canio Wbutwith'R knil'o in hand, caught her by the 'Viirm, and dragged her into tho house, closing tho door ufter him. About a fortnight belbro her death I saw prisoner throw his wife out, and sho fell just in tho doorway. Ho told her to get up, nnd as sho did not got up, ho. •raised his foot r.nd kicked her on the body. Sho did not get up ; he then stepped over her, kicked her ugain from tho outside, mid told her to get up. She etill lay there, when ho caught her by Iho two arms, nnd turned her inside tho liouso and then closed the door. After that I heurd a noise, as if of blows, inside tho houso. When I Saw Mrs Stewart on tho day before her death, sho semed to be crying, and bho remained standing iv Iho wood till prisoner went out. I hoard him speaking at tho timo but 1 did not hoar what ho said. After this, ho came to mo nnd epoko to me, saying that his wifo was drunk again, nnd he then said that he would stop at homo that week and watch her, nnd keep her from drink, or else Unit ho would finish her. These ar.) tho very words he snid. This conversation took pluce tho very day bcfoVo tho death of deceased. After this, on tho samo day, deceased came lo mo for a towel, nnd at (hat lime sho seemed pcrfoitly sober. I did not tee any sign of liquor on her. I had been her neighbour about two months, or nearly. Cross examined by Mr Soulli— l first became acquainted with deceased and prisoner through being shipmates with them from Victoria. This was lour or flvo months nfjo, nnd I oivw them both frnquonlly, I do not know that alio wan a poison of drunken liftbils, T never «w li«f toko anything to tto

seen hoi* liusband fetch il lo her. My busbnnd lma U«pt a publio house, but I never snw her get diinlM but twice. 1 knew she lmd ono drink on tho morning ol' licr dentil. ] never saw Stewart intoxicated. I lienrd decensed's voice af (ho book door beforo I was up, hot ween six and soven o'clock, mid die was tlien sprnlnng to my liusbund. The next time I snw her was when I mot her coming from tho bench with wood. When I saw ytewart going down to llio beach, it was before wo had breakfnst. I swear positively thnt ho did go to tho btach on tho morning of tho death of deceased. When I ?nw him going down to tho beach, I was in the not of taking Borne dclf out of n cupboard for breakfast, and on turning round, saw him. At thnt "lime, he was a good distance from mo, but I do not know how far he was. I saw his back ut that time, and did not see his face. I knew it was tho man that wen', from my door and I knew that 11ml was Stewart. 1 lost siyht of him then, nnd did not see him sit down on a log of wood. The last I Baw of him was when ho was walking towauls the beach. 1 was quite certain it was him, for I only lost sight of him for n minute. I never saw tho deceased after I saw her go down a second time for wood. The last time I saw her nlivo was when she was at a limp of wood that they lmd gathered nnd put above high water mark. I could see some of the logs on the top of the hank, and soino more I could not. When I saw her bringing in a log of wood, she lmd a hand up lo the left temple, as if in pnin. I snw no one else about at tho s:ime timo hut a little chap that lives with mo (ailed Tommy Toolo. Tho prisoner and his wife had frequent quarrels, and he used to tell me that it \wu through his wife drinking. At Ihe timo when ho kicked and ill-used her I do not know whether tho was drunk or not. but it npnenrcd to mo she was not drunk. When I say he shoved her out I, knew lie did, though T did not see his hands on her I saw him, however, belli ml her. Piifioner did not say that he would finish his wife's drinking, but that he would fmii-.li her. I have hoard prisoner say that if sho did not give up her drinking habits he would leave Iht. I distinctly swear ho said ho would finish her He did not ray that he worm! lonvo hey mid finish it. When I saw prisoner drag his wii'u ii.to tho house with a knife in his hand, I cannot say what kind of knife it was, but it did not look li lce a tobacco knife, and I did not see any tohacco in his other hand. I know nothing about the knife, Lut 1 know that she told me that ho hud threatened her with a knife on two occasions previously. A day or two bofoio tho deuth of deceased, but I do not remember what day, I took her in a nobbier of brandy. I knew nt'ilio time i lint her husband wanted to keep her IV.jin di ink. I swear that on the following day 1 did not tell the piUoiier llmt his wife was drunk and insensible. I cannot s-ay whether on that day she was drunk. I do not remember on any (lay seeing throe men looking in at Mi. >, Stewait. I never helped the prisoner lo muse tho deceased. I have many a lime heard I lie pii.soncr give his wife good advice as a husband should give lo a wife, nnd I have told her myself to abstain from driiil; because she had got a good husband. Thomas O'Toole wild— I remember the 'Jnd of this month, and was then living in llovell-slrect, in Mr Median's house. I know the prisoner and knewlho deceived, his wife. I did not .sic her on the inoiiiiiig of tho 2nd of January. J saw tho prisoner on that day (irat about eight o'clock or a few minutes before or after. Ho was at. the back door of Median's house and enqtiiicd it his wife was inside. Mis Mcchan said sho was not, ami prisoner t'.iea walked down towards Ihe beach. Witness s.iw him go within fifty or sixty feet of the ridge on tho lieacli. I did npt see him any moro then, and thnt was (he last I snw of him till the body was found. Tho day before that I saw the prisoner, but J heard him beforol saw him, making soino complaint k> his wife. lie was then inside his house, and pho was outside tho door at n heap ol wood. lie enmo out very soon afterwards, nnd walked down lo tho* Ilre-plaeo whero I and Mrs Median were standing. As ho passed by ho . Miid if s>ho did' not quit oi«?lop thnt ho would do something, but 1 do not remember what the words were. I have lived at. Meehnn's from about three ov four weeks beforo C'lii'iotmns. Tho Stewarts did not live on good terms, nnd I remember a little belbro Christmas timo seeing prisoner and Mim Stewart standing nt their own door. I saw him strike her when she was down on the threshold of the door. lip kicked her with his foot thifirst time when inside tho door, nnd ho (hen came outside nnd kicked her again on tho upper part of Iho body on the shoulders or side, lie afterwards dragged her inside. I could not tell whether ut ihe lime sho was drunk or sober. , Cross-examined by Mr Smith — I havo not seen deceased drunk, but I havo seen her in drink and when sho has attracted crowds round tho prisoner's house. By not being drunk I mean incapably drunk. Her talk attracted tho crowds round (ho door, buf I do not know how people lalk in del'h'iinn tremciis. Sho wns talking wildly, but not like a person who had no sense, nor did r-ho oven ,nso obscene language. She was speaking of some old sores or other when she (nlkcd loud. 1 never saw tho prisoner in drink or lako too much. Ido not think it was later than eight o'clock when I saw prisoner go down io tho bench, and I do not know whero Mrs Stewart was at that time. I wns not^ present in Mcehnn's liouso when a slip of paper was produced by deceased, but I saw it afterwards. I did not soo deceased hand it to Median. Mr South again attempted lo get tho extract given by (ho deceased to Median put in as evidence, in order to show what tho condition of her mind was at (hat lime. The witness O'Toolo was (ho man who had read it to Median, ami as it had been sworn (hat deceased had handed it lo Median, and Median handed it to pri loner, Mr South contended (hat ho was entitled to havo it put in. The Crown l'm-eeulor objected lo thisbuin;; put in, as he considered no document, whatever not in tho hand writ ing could allbrd any clue to Ihe slate of mind of deceased. This was a mere piece of newspaper, it was no letter or other index (o lur stale of mind. His Honor said Hint tho document per xc would not be any evidence, but concurrent testimony as lo what deceased required done with tho document might bo of use, and of great importance. It was then put in. Cross-examination of O'Toolo continued— l positively swear the piece of newspaper produced is the same Unit was handed to mo by Median. The Grown Prosecutor objected to a question from Mr South as to what was the leason of Iho document being put in. Mr South said that by Median placing the document in the wii ness' hands, he placed it, in fact, in the hands of an cxpcit, Median being illiterate and unable to read, His Honor said that was not the point at all. It' had been shown (lint Meelrin gave it lo O'Toolo, but there was no proof that it had Imen given by Mrs Stewait to Median. Kveii Meehan could not belter the mailer, for ho failed lo identify Iho document as being tho document Mrs Stewait had handed him. Moreover, tho piece of paper had not been connected with tho case, ami thcro was in the fust place nothing to show that it wns the same paper that deceased had handed to Median, nor had it appeared under what circumstances it had been given. Mr South agreed that the state of iho mind of deceased was in i'act ono of the very points that (he defence was bused on, and therefore thnt he was entitled to pub it in. His Honor adnn'ttoil thai it wi\a most (Ipmiiw i>lo to havo ovldo.ooo fit to ihi* tti>W't but It ui»k>< lip put In in it lotfitl foi'iu,

to read whether the document might have Inou put in. His Honor ft»id if Median could have identified it, it would have been ndinijsMiblo /jro lunio. O'Toolc'scro's-cxiiniimt ion continued — Mcehnu put no other document of that soitin my hands. I rend that document io Median. Mr. South tlien proposed to put tho document in and havo it read. His Honor remarked thnt the Grown Prosecutor objected, because there was nothing whatever shown that that document was in any way connected with Mis Stewart. It was too soon to put it in, nceoiding to Mr South'.-* own showing. Mr hioiith argued that tho rending of the document evoked an answer from Median lo Mrs Slewait, nnd more, thnt it was a most iin. porlnnt Hide in the caso. Eventually it wns agreed to recall Median to ascertain if ho gnvo moro than one document to O'Toole, nnd for whnt purpose ho did give it him. John Meollnn recalled, Enid-— Mi's. Stewart handed mo a slip of newspaper, and I handed it over to Thomas O'Toolc. I never handed over nny other of iho sumo sort to Thomas O'Toolo. Ho makes up my nccounts nnd such like, but thnt is Iho only pieco of paper of that kind that 1 ever gave him. I gave him Iho paper to him lo hear it rend, nud see whnt was tioubling tho woman referred to. (The witness hero let slip a statement thnt the paper in question contained tin account of a suicide thnt occurred in Bendigo. Jfc wns in consequence of something that 1 henrd from Mrs. Stewart (hat I gave her that slip of newspaper to read. lam ablo to Btato of my own knowlcdgo thnt Mrs. Stewart wished me to rend that paper. His Honor did not fc(-e how they could get tiny farther than this. Mr South did not s-eo how it wns consistent with the interests of the Crown or the interestsof jml ice, to keep anything back. Tho prisoner wan indicted for killing l'atience Stewart, not as his wife, but n&an individual. Jlis Honor accepting that view even, did not sco how it could be got out of tho chits of hearsay evidence. There wns a slip of paper identified, that Mis Stewart winhed him to read, tuul tlmt \vns i\U, It \vi\s impossiMo lo get ivt deceased's siato of mind, without introducing con vol. sat ions cairicd on when (ho prisoner was not picscnt. In reply to his Honor, the witness snid, that the conversation, ncconipanying ihe document, occurred the night Wore Mr South said, that )iin object was to show that the deceased had an intention iv her mind lo de.stioy heinelf, and tlmt the document in question would go far lo Lslnbliwh that fact. Media. i'h evidence continued— l wns in Ihe habit of coiihtjintly .seeing Mru Stewart, and bhw her on llic evening before her death. From my knowledge of her, I may siy, that [ thought she wii* very confused in her mind, not only hhoilly before In r death, but for ionic timo proviou.-Jy. Jiy the Crown i'ro.-eciitor -l>y being nt all times confused in her mind, I mean that th-y lived very unhappily, along with dm liltlo drink t-\m took. I also formed my opinion i'lom the appearance of the woman. O'Toole re-examined by Mr South — I know tin) bench, nud (hero nro a great number of . roots nud Jogs water unshod about tljerc.. I saw no other man than tho prisoner in sight. The prisoner was then about sixty or seventy yardu oil". Mrs. Meehnn was then in her own place. Ido not know whnt became of the prisoner nfterwnivls, for I lost (sight of him. 1 did not sco his face when ho went down. Jl o wan tit thnl (him dressed in his working clothe.*. 1 noticed his drew, which was a kind of tweed. Tho cont wns a lilllo. dark. Tho coat a little whiter than the trousers. I Thia was about eight o'clock, nnd I did not sec him again till after ten o'clock, when ho wii3 coining to town. I havo seen tho deceased go into other places for drink, but not with other women. J have not seen the deeensod iv Median's early in the morning, but I havo heard her voieo nt tho buck. I could nol swear positively lo tho words ho used when ho pnsj-od mo nnd Sirs. Meehan, hut I beliovo they were the wimo ns (hoso in Iho paper, the Daily Times, \hhl he would "finish Her." I have heard prisoner say that ho would leave her, but 1 never remember hearing him uso tho word finish in conuccliui with leaving her, neither did I hear him assign mi)' reason for his doing so. 1 am ci'rlaiu that on tho occasion previously referred to Iho prisoner Kicked deceased, whether at the time die wii3 drunk or not I cannot say. Uy Ihe Jury — When prisoner enmo to ask for his wifo I biiw his face, and I did not lose sight of him from Hint time (ill he wont to the bench, and when I lost sight of him thvou»h stooping over Iho tiro, he wns between fifty nnd sixty feet only from the bench. Ann M'Donnell «vid — I livo in Kovell-slieet nnd know tke prisoner's hous-e, which is next door to ouis. \Ve livo north to him. I knew Patience Stewart, the prisoner's late wifo, nnd remember seeing her on the morning of the 2nd I first pivw her about 7 o'clock nfc her own back door, nnd saw hci after that. I cannot titato positively how long after, but it was only a ehort time. Sho was then carrying firewood from the Ijcach. I miw hor after that again sitting down on a log on the beach. Sho had then fconicihing white in her hand, and was rubbing her face. I do not know how long afterwards this was, hut it was not long between times. T'wiw the prisoner that morning at my own back door, a short timo after 1 snw Mis Stewart on tho log. lie said that he was going awny Hint day, and to tho best of my recollection ho said it was on account of her drinking, 110 then wont awny towards his own house afier speaking to me. A shot t time after thnt, but I cannot nay how long after, I saw him walking towards the beach, and when I last snw him ho wan about halfway between his ov\n house and tho ridge nbovo the nnd wns then walking in Iho direction of tho lo'jc ho had seen her lilting on. I ennnot say what limo elapsed between seeing Mrs •Sluwnrt >illiiig on l!io< li>£, nnd wi-nut him walking (awards (ho lo;,', but it wns lomj (hnn half an hour 1 should think. AVhon Imw her sitting she wns nome distance oil. Our houso and prisoner's hoiuo nro about 2tHccl apart, Mrs Stewart was t-landing at her door when I tmw her first. 1 used to hear prisonor and deceased quarrelling. I l.avo seen deceased under tho influence of liquor, but I cannot wiy I ever biiw her drunk. Sho was always so far sober ns to bo nblo to walk nnd talk. Thoy lived on very bad (onus, and on ono occasion I saw him run after her out of tho house, overtake her, nnd then strike hor on the bend with hia hand, but whelhor with his open hand or his Ji&t I rnnnot say. Ido not Know whether tho blow \vii3 a scvoro ono, but sho did not fall on anything. I hnvo heard other things going on inside more than once, and hcaid them having high words, bat T never siw him htviuo her but Hint timo. When I saw him strike her it wns between Ohiistmns nnd Now Year's day, hut I cannot say what day it \v|is. OioftS-cxainincd by Mr South — I knew the decciiNcd tin ce months, and wont in and out her place, tfli" wns uot in Iho habit of coming to my piano and drinking, (and I was not in tho habit of going to her plnco drinking. I gave her a nol.b'.or on New Yearn' day, Jiud prisoner in tho morning of Iho 2nd, tho day of Ihd docptwed's death, told mo not to give her liquor. He spoke to mo in couso.piouuo of my having given her Iho nobbier on tho prcv ! ous day. Ho Hiiid he came to compliment mo for the nobbier I had given his wifo tho day bofoio. Ho did not sny that ho wiw going awny. nnd ask mo not to give his wifo any liquor whilst ho wns away. I saw him go (o the honch. Ido not know where his wifo was then. I lo.st bight of him between iho timo I si\w him going, to l|is lioiwe, nftor xpcnkiim to me, nnd whon I tmw him iipxt going to Hio hoaoli. Wlion I iwv liliii $)!)I{*.|» l|lH fl|fOfitl°|l } WIW Ityl ftjfWt M}' Off,

and was engaged in throwing out koiiio water lio'.n a little tub. I looked ill- him particularly, lircaiiH! ho had been lalkinj; to mo so short n ii time previously ; but for thai, perhaps, I should not have looked so shaip after him. I could i-ee tho logs fiom wheic I was, but I stiw no one elbo hut him. Ido not know tho lime, for, though I have got a clock, I did not look nt it ; but it must havo been between 8 and 0 o'clock. I heard that he had brought his wife home from n shanty, but I did not sco her. I thought often when I pnw 'Jior thntj she had been drinking. I henrd him often fAy thai he would jenvo her in consequence of her intemperate hnhits. Lydia JCsthor Wright said — I nm (ho wifo of ltobert Wright, nnd livo in Rovell-Blrcot. 1 know tho prisoner, nnd know (ho deceased l'ntionco iSlowarl. I saw her on (he morning of (ho 2nd, between six nnd sovon o'clock. Our houso iB opposito tho hospiinl, nnd (hero is one house, (hut of Airs. M'Donnell, bolweon prisoner's liouso and ours. 1 hnd somo eonvomit ion with (ho deceased on thnt day, nnd on thnt morning I also snw tho prisoner. When I saw him it Wrta about niuo o'clodc, but I could not say (o htilf aii hour 5 it might havo been nbout' hnlf past eight or Jlino o'clock. Ho v/no (hen on Iho bench, and wns walking in (ho direction of his own hoitSO. He was noiuly opposito to, and seemed to be walking htrni/dil, towards, his own honso, and was nbout hnlf way between it nnd the sea. I did not notice paiticulnrly, but ho seemed to be walking nt nn ordinnry pace. I did not see where ho went. % Mr South — I have known deceased about four months, but hnvo not had ninny opportunities of seeing her dining (hat timo. I may havo seen her perhaps two or thiec times a week, and have seen . hor under tho influence of liquor several limes. I ennnot sny e.ynctly how many. I know her husband, tho prisoner nt the bar, and ho him complnined to me of her intemperate habits. I never raw the prisoner drunk. My husband nnd I keep n sloie, nnd prisoner hns I told 1110 llintho w.is afraid to trust his wife with money, from her inlomporate habits. I have not seen tho lo# that deceased is topi-clouted to have been sitting on. Oeorgo Moss, a lenlinnkor snid — I rcinomber, Iho 2nd of Iho present inouili. Prisoner enmo (0 my plnco about nino o'clock (lint morning, or it might hnvo been a liltlo more or less, a quarlur of nn hour beforo or after. I livo from Jivo hundred to nix hundred yards from tho prisoner. I hud somo conversation with him on (his occasion. I asked him if liib wife was asleep, when ho went homo on (ho previous day. Ho (old me, no, and snid (lint ho did not let her know when ho went in, but wont nnd Iny on II slroldior. Ho snid, "Sho had a /it during Hid nijjlil, and 1 got up to at I end her." Ho snid (lint Iho blood was coming from her *hioulh nnd nose, and ndded, if anything wiih (o hnppon lo her during tho night whnt would the people think of me." He slnyed about leu minuto», add then j-nid. that ho would go down lo Mr Oolf.u's, his employer Ho did nol say wlui'liur ho slept with hiii wife, huthiiid, that he iih'pt, on >i sofa till he got up lo attend lo his wife. Ho did not say whether after that ho wont into tho bed where sho wns. I did not see him again till I wiw him going up the street pust mv plaoo in charge of tho police. I did not tec Mrs Stewart that 11101 ning. , lly Mr Soulli — Ho went awny with ;i enrpenter, of tho nnnio rf Alexander. Alexnnder came to my plnco about fivo minutes after the prisoner. Alexnnder, I believe has n watch. They wont away together. I havo known Iho piiionor for seven years, but Imvc only known his wifo during tho hist four or fivo months. When prisoner brought his wife over, ho asked 1110 to let them stay nt my plnce, (ill he got a plnco up. This was nbout four or livo months ago. I am an old man-of-war's man, nnd have^oomiiianded a vessel in (ho merchant service. I never, know (ho prisoner (o be !ho worse for liquor in his life, hut his wifo fell down beastly drunk on the iloor (ho third night (hoy caino to my plnce. Prisoner did not sny much to hor, only blamed hor for coining lo 11 slraugo place nnd milking a noise, for flho was making a great row during (ho night. I hnvo seen hor a liltlo tho worse for drink, but excepting on (hat occasion I never snw her, 'o sny. drunk. When prisoner enino lo my house, on (ho morning of (ho 2nd iiibl., there" wns nothing Hurried or unusual in his manner. T had xwy litllo r-onvorsnlion with him that morning, becnuso Alexnndor came in. Ho conversed wilh Alexander as well ns myself. I could not ho p)sitivo of what tli« time was, but it was not later than a quarter past nine, or a ininuto or two Inter. He could not tell whnt time it was for no clock in the (own kept mean time. On the Ist of January I saw deceased standing outside her house, and tho called to mo. I went (0 her fnd then diVeoveied thnt «-ho wns n lit 110 tho worse for drink, nnd I did not therefore wish to go inside. Alexnnder did not pull out his watch in my shop 1101 did ho tell prisoner Hi on what time it wns, His Honor said he would not go nny further thnt night. Addicssing (ho jury, he said Hint, he wns very sorry lo be obligod to have them locked up during tho night, but iho Shcritl' would do nil that ho could lo niako them 11s comfoitnblc ns possible. A dinner would bo piovidcd for thorn ; nl&o, bods nnd any other requisite, It was not that he thought for a moment nny one of them would communicate with witnesses or allow themselves to bo tampered with, hut tho.sn in any way connected with the law must belike Cios!ir'H|wife—nboveMi!-jiicion. His Honor iiuiuired of Mr South how many witnesses he hnd for the defence, and ho said he hnd four. His Honor said that it was then possible for the ci.so to lie concluded 10-morrow. Four police ollicors were sworn in lo tnke charge of tho jury ; and hia Honor said that, if ufter the long sitting tho jurymen liked to tnko a walk in company wiih (ho constable!), they could do so either that night or in Iho niorni'ig. Tho Court the 11 adjourned till next (llii.i ( l.ij j nt 10 o'clock.